1-1     By:  Shapleigh                                         S.B. No. 464
 1-2           (In the Senate - Filed January 30, 2001; January 31, 2001,
 1-3     read first time and referred to Committee on State Affairs;
 1-4     April 11, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 5, Nays 2; April 11, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 464                By:  Shapleigh
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to determining the prevailing per diem wage rate to be
1-11     paid in connection with constructing a public work for the state.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subdivision (1), Section 2258.001, Government
1-14     Code, is amended to read as follows:
1-15                 (1)  "Locality in which the work is performed" means:
1-16                       (A)  for a contract for a public work awarded by
1-17     the state, the political subdivision of the state in which the
1-18     public work is located:
1-19                             (i)  (,) which may include a county,
1-20     municipality, county and municipality, or district, except as
1-21     provided by Subparagraph (ii); and
1-22                             (ii)  which, in a municipality with a
1-23     population of 500,000 or more, may only include the geographic
1-24     limits of the municipality; or
1-25                       (B)  for a contract for a public work awarded by
1-26     a political subdivision of the state, the geographical limits of
1-27     the political subdivision.
1-28           SECTION 2.  Section 2258.022, Government Code, is amended to
1-29     read as follows:
1-30           Sec. 2258.022.  DETERMINATION OF PREVAILING WAGE RATES.
1-31     (a)  For a contract for a public work awarded by a political
1-32     subdivision of the state, the [A] public body shall determine the
1-33     general prevailing rate of per diem wages in the locality in which
1-34     the public work is to be performed for each craft or type of worker
1-35     needed to execute the contract and the prevailing rate for legal
1-36     holiday and overtime work by:
1-37                 (1)  conducting a survey of the wages received by
1-38     classes of workers employed on projects of a character similar to
1-39     the contract work in the political subdivision of the state in
1-40     which the public work is to be performed; or
1-41                 (2)  using the prevailing wage rate as determined by
1-42     the United States Department of Labor in accordance with the
1-43     Davis-Bacon Act (40 U.S.C. Section 276a et seq.), and its
1-44     subsequent amendments, if the survey used to determine that rate
1-45     was conducted within a three-year period preceding the date the
1-46     public body calls for bids for the public work.
1-47           (b)  For a contract for a public work awarded by the state,
1-48     the public body shall determine the general prevailing rate of per
1-49     diem wages in the locality in which the public work is to be
1-50     performed for each craft or type of worker needed to execute the
1-51     contract and the prevailing rate for legal holiday and overtime
1-52     work as follows.  The public body shall conduct a survey of the
1-53     wages received by classes of workers employed on projects of a
1-54     character similar to the contract work both statewide and in the
1-55     political subdivision of the state in which the public work is to
1-56     be performed.  The public body shall also consider the prevailing
1-57     wage rate as determined by the United States Department of Labor in
1-58     accordance with the Davis-Bacon Act (40 U.S.C. Section 276a et
1-59     seq.), and its subsequent amendments, but only if the survey used
1-60     to determine that rate was conducted within a three-year period
1-61     preceding the date the public body calls for bids for the public
1-62     work.  The public body shall determine the general prevailing rate
1-63     of per diem wages in the locality based on the higher of the rate
1-64     determined from the statewide survey, the rate determined from the
 2-1     survey conducted in the political subdivision, and, if applicable,
 2-2     the rate determined by the United States Department of Labor.
 2-3           (c)  The public body shall determine the general prevailing
 2-4     rate of per diem wages as a sum certain, expressed in dollars and
 2-5     cents.
 2-6           (d) [(c)]  A public body shall specify in the call for bids
 2-7     for the contract and in the contract itself the wage rates
 2-8     determined under this section.
 2-9           (e) [(d)]  The public body's determination of the general
2-10     prevailing rate of per diem wages is final.
2-11           SECTION 3.  This Act takes effect September 1, 2001.  The
2-12     change in law made by this Act applies only to determining the
2-13     general prevailing rate of per diem wages in connection with a
2-14     contract for constructing a public work awarded by the state if the
2-15     state first requests bids or proposals for its contract on or after
2-16     that date.
2-17                                  * * * * *